Appellate Division of the Supreme Court of New York, 2003

Rosas v. 397 Broadway Corp.

Appellate Division of the Supreme Court of New York · Decided October 27, 2003

309 A.D.2d 913; 766 N.Y.S.2d 848; 2003 N.Y. App. Div. LEXIS 11059

Cases that cite this one

7 later published cases cite this decision.

Olsen v. County of Nassau (Appellate Division of the Supreme Court of New York 2005)
Nardi v. County of Nassau (Appellate Division of the Supreme Court of New York 2005)
Nardi v. County of Westchester (Appellate Division of the Supreme Court of New York 2005)
Jacobs v. County of Nassau (Appellate Division of the Supreme Court of New York 2004)
Celeste v. Nassau Health Care Corp. (Appellate Division of the Supreme Court of New York 2004)
Feroz v. City of New York (Appellate Division of the Supreme Court of New York 2004)
Cruz v. Westchester County Health Care Corp. (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to recover damages for medical malpractice, the defendant Westchester County Health Care Corporation appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered October 28, 2002, which granted the plaintiff’s motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly granted the plaintiffs motion for leave to serve a late notice of claim upon Westchester County Health Care Corpora*914tion (hereinafter WCHCC). WCHCC possessed the plaintiffs decedent’s medical records at the time of the alleged malpractice, and thus had actual notice of the claim and its underlying facts (see Medley v Cichon, 305 AD2d 643, 644 [2003]; Matter of Staley v Piper, 285 AD2d 601, 603 [2001]; Owens v New York City Health & Hosps. Corp., 271 AD2d 514, 515 [2000]; Matter of Robinson v Westchester County Med. Ctr., 270 AD2d 275 [2000]; Matter of Makris v Westchester County, 208 AD2d 843 [1994]; Matter of Tomlinson v New York City Health & Hosps. Corp., 190 AD2d 806, 807 [1993]; Matter of Kurz v New York City Health & Hosps. Corp., 174 AD2d 671, 673 [1991]; Matter of Quiroz v City of New York, 154 AD2d 315, 316 [1989]). WCHCC is not unduly prejudiced by the delay (see Owens v New York City Health & Hosps. Corp., supra; Matter of Robinson v Westchester County Med. Ctr., supra; Matter of Tomlinson v New York City Health & Hosps. Corp., supra). Smith, J.P., Crane, Mastro and Rivera, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.